BHPCollectibles
Company Organisation Number: 13672112
Website Terms of Use
Version 1.0 – April 2016 – Revised in 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Terms of website use
1.1 These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.bhpcollectibles.com (our site). Use of our site includes accessing or browsing to use our site.
1.2 Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these terms for future reference.
1.3 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
2. Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site and our Privacy and Cookie Policy, which set out the terms on which we process any personal data we collect from you, or that you provide to us and information about cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
3. Information about us
www.bhpcollectibles.com is a site operated by David Bloxham trading as BHPCollecibles Ltd (“We”). We are a Limited Company and our trading address is 28 St Paul’s Square, Birmingham, B3 1RB.
4. Changes to these terms
4.1 We may revise these terms of use at any time by amending this page.
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5. Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6. Accessing our site
6.1 Our site is made available free of charge.
6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to have access to our site.
6.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. Your account and password
7.1 If you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@bhpcollectibles.com
8. Acceptable use of our site
8.1 You may use our site only for lawful purposes. You may not use our site:
8.1.1 In any way that breaches any applicable local, national or international law or regulation.
8.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
8.1.3 for the purpose of harming or attempting to harm minors in any way.
8.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
8.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.2 You also agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
8.3 We may from time to time provide interactive services on our site, including, without limitation chat rooms, display galleries, discussion forums and bulletin boards (interactive services).
8.4 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
8.5 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
8.6 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
8.7 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8.8 The following content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
8.8.1 Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
8.8.2Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8.9 We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
8.10 Failure to comply with this acceptable use policy constitutes a material breach of these terms, and may result in our taking all or any of the following actions:
8.10.1 Immediate, temporary or permanent withdrawal of your right to use our site.
8.10.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
8.10.3 Issue of a warning to you.
8.10.4 Legal proceedings including (without limitation) action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
8.10.5 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.11 We exclude liability for actions taken in response to breaches of this clause 8. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
9. Intellectual property rights
9.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. No reliance on information
10.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
10.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
11. Limitation of our liability
11.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
11.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
11.2.1 use of, or inability to use, our site; or
11.2.2 use of or reliance on any content displayed on our site.
11.3 If you are a business user, please note that in particular, we will not be liable for:
11.3.1 loss of profits, sales, business, or revenue;
11.3.2 business interruption;
11.3.3 loss of data;
11.3.4 loss of anticipated savings;
11.3.5 loss of business opportunity, goodwill or reputation; or
11.4.5 any indirect or consequential loss or damage.
11.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
11.7 We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. Uploading content to our site
12.1 You warrant that any such contributions or information uploaded to our site will comply with the content standards set out in clause 8, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.2 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
12.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
12.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in clause 8 above.
12.6 The views expressed by other users on our site do not represent our views or values.
12.7 You are solely responsible for securing and backing up your content.
13. Viruses
13.1 We do not guarantee that our site will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
13.3 You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.Linking to our site
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not establish a link to our site on any website that is not owned by you.
14.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
14.5 We reserve the right to withdraw linking permission without notice.
14.6 If you wish to make any use of the content on our site other than that set out above, please contact info@bhpcollectibles.com
15.Third-party links and resources on our site
15.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
15.2 We have no control over the contents of those sites or resources.
16. Applicable law
16.1 If you are a consumer, please note that these terms of use, their subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
16.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17. Contact us
To contact us, please email info@bhpcollectibles.com – Thank you for visiting our site.
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1
BHPCollectibles
Privacy & Cookie Policy
(Version 1.0 – April 2016 – Revised in 2023)
BHPCollectibles (“We”) are committed to protecting and respecting your privacy.
This policy (together with our Website Terms of Use [insert link]) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.mementosmemorabilia.com (“Our Site”) you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is David Bloxham trading as BHPCollectibles Ltd of 28 St Paul’s Square Birmingham, B3 1RB.
Our nominated representative for the purpose of the Act is David Bloxham.
1. Information we may collect from you
We may collect and process the following data about you:
1.1 Information you give us. You may give us information about you by filling in forms on Our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use Our Site, search for a product, place an order on our Site, carry out searches on Our Site, participate in discussion boards, gallery displays or other social media functions on Our Site, and when you report a problem with Our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information and personal description.
1.2 Information we collect about you. With regard to each of your visits to Our Site, we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
1.3 Information we receive from other sources. We may work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.
2. Cookies
2.1 Our Site uses cookies to distinguish you from other users of Our Site. This helps us to provide you with a good experience when you browse our website and also allows us to improve Our Site. By continuing to browse the site, you are agreeing to our use of cookies.
2.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
2.3 We use the following cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of Our Site. They include, for example, cookies that enable you to log into secure areas of Our Site, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around Our Site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to Our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to Our Site, the pages you have visited and the links you have followed. We will use this information to make Our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
2.4 Please refer to the table below to find more information about the individual cookies we use and the purposes for which we use them.
2.5 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Site.
3. Uses made of the information
We use information held about you in the following ways:
3.1 Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to notify you about changes to our products and/or services;
• to ensure that content from Our Site is presented in the most effective manner for you and for your computer.
3.2 Information we collect about you. We will use this information:
• to manage, administer and fulfil any contracts that you have entered into with us;
• to administer Our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve Our Site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of Our Site when you choose to do so;
• as part of our efforts to keep Our Site safe and secure;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on our order form or registration form).
3.3 Information we receive from other sources. We may combine this information with the information you give to us and the information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
4. Disclosure of your information
4.1 We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
• Analytics and search engine providers that assist us in the improvement and optimisation of Our Site.
4.2 We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of BHPCollectibles, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4.3 Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@bhpcollectibles.com
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6. Access to information
The Access to Information Act gives you the right to access information held about you. Your right to access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
7. Changes to our privacy and cookie policy
Any changes we may make to our privacy and cookie policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
8. Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@bhpcollectibles.com.
(April 2016 Edition)
Cookie Table [Suggest this is completed by your website developers]
Cookie
Name
Purpose
More information
[COOKIE TITLE]
[COOKIE NAME]
[DESCRIPTION OF THE PURPOSE FOR WHICH THE COOKIE IS USED]
Examples of purposes for which a cookie may be used:
This cookie [is essential for Our Site to][enables us to]:
• [Estimate our audience size and usage pattern.]
• [Store information about your preferences, and so allow us to customise Our Site and provide you with offers that are targeted at your individual interests.]
• [Speed up your searches.]
• [Recognise you when you return to Our Site.]
• [Allow you to use Our Site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.]
• [OTHER PURPOSES]
[WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION]
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